Copyright Amendment Rules, 2021

Copyright Amendment Rules, 2021

• Definition of board means the Appellate Board as defined under section 11 of the Act.
• Definition of journal has been inserted to mean the copyright journal which is made available at the official website of the Copyright Office.
• The heading of Chapter II shall be the Appellate Board instead of the Copyright Board.
• Rule 3 shall commence with:

Appellate Board.–The Chairman and other members of the Board shall be appointed as per the provisions of the Trade Marks Act, 1999;

Provided that the Technical Member of the Board for the purposes of the Act shall have the qualifications as specified in the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020.

• A notice of application under rule 7, rule 18, and rule 39 can be served via electronic means.
• Publication under rule 7, rule 11, rule 18, rule 23, rule 27, rule 29, rule 31, rule 33, rule 34, and rule 39 shall be published in the journal instead of Official Gazette.
• Rule 11, sub-rule (4): the Board shall direct Registrar of Copyright to grant the license instead of Register of Copyrights. [Rectification of Clerical Error]
• Rule 16 has become a mandate rather than a discretion on part of the Central Government by substituting “if decides to make a request” with “as required”.
• Copyright Board under rule 19 means
• Rule 31, sub-rule 1: “immediately after its constitution” has been omitted.
• Time period under Rule 49 to register or reject the application for registration of copyright society has been extended to 180 days.
• Rule 50: The Central Government can order an inquiry under sub-section (4) of section 33, into the allegations and appoint an inquiry officer not below the rank of a Deputy Secretary to the Government of India for holding an inquiry. The words “not below the rank of Deputy Secretary to the Government of India” have been omitted.
• Rectification in Rule 55 by substituting Welfare Fund under rule 67 rather than rule 71.
• Insertion of sub-rule 3 in rule 55: As far as collection and distribution, the copyright society will establish a system of payment through electronic modes and such payments and system must be traceable.
• Tariff Scheme under rule 56 has to be framed and published as well.
• Insertion of sub-rule 11, sub-rule 12, and sub-rule 13 in rule 58:
  • Sub-rule 11: If the royalty isn’t distributed to the members of the copyright society because the author or the owner cannot be identified or located, such royalties are to be kept separate in the accounts of the copyright society.
  • Sub-rule 12: All possible measures must be taken to identify and locate the author or the owner. The copyright society has to publish (a) the title of the work; (b) the name of the author and other right owners of the work, as available; and (c) any other relevant information available to identify the right holder.
  • Sub-rule 13: The amount left unpaid to an author or other owner for a period of three (3) years, it shall be transferred to the welfare fund of the copyright society.
• Chairman and the Governing Council under rule 59 shall be eligible for re-election.
• Insertion of clause (ix) in rule 62: Annual transparency report under rule 65A must be placed before the General Body meeting.
• Copyright society has to maintain records in a physical or a digital format under rule 64.
• Insertion of clause (viii) in rule 65: Annual transparency report under rule 65A must be filed as a return with the Registrar of Copyrights.
• Insertion of rule 65A: The Copyright Society has to make an annual transparency report for each financial year within six months following the end of that financial year and publish on its website and ensure that the annual transparency report remains available on its website for at least three years.

 The annual transparency report should contain: (a) report on the activities in the financial year; (b) number of refusals to grant a licence; (c) financial information on total royalties collected; (d) the total royalties paid to author and other owners; (e) the total royalties collected but not yet attributed to author and other owners; (f) the total administrative deductions made from royalty collected; (g) the details and use of the amounts deducted for the activities conducted under the welfare scheme as provided under rule 67; and (h) Information on amounts received from and paid to the foreign societies or organisation.

• Insertion of clause (m), (n), and (o) in rule 66:

Every copyright society shall conform to the following Code of Conduct

• Clause (m): the facility to search from the database of works forming part of the repertoire of the copyright society.
• Clause (n): the annual transparency report as approved by the General Body.
• Clause (o): the details of the undistributed royalties on account of the work belonging to authors and other owners who could not be identified or located.

 

• Register of Copyrights under rule 69 can be kept either in physical form or electronic form.
• Rule 69, Part VI: words “tables and compilations including computer databases” have been omitted, therefore, Part VI is computer programmes only.
• Rule 70, sub-rule(5), for the words “the source and object code”, the words “at least first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions”, shall be substituted.
• Indexes under rule 72 shall be kept either in physical or electronic form.
• Rule 70, sub-rule (2), “Every Index shall be arranged alphabetically in the form of cards” has been omitted.
• CHAPTER XVI Importation of Infringing Copies has been omitted.
• In rule 82, Copyright Board has been substituted by the word Board and the intimation can be sent via electronic means or registered post.
• Rule 83 in whole has been substituted.
  • Fees for any application under the Act or rules will those as given in Second Schedule.
  • The form, application, or request for petition shall be accompanied by prescribed fee.
  • Fees may be paid electronically or by demand draft or Banker’s Cheque in favour of the Registrar of Copyrights drawn on a scheduled bank at New Delhi.
  • If the fee isn’t paid or insufficient fee is paid, document shall be deemed not to have filed
  • No fee is required to be paid for taking extracts from Register of Copyrights or indexes for official purposes by the Central Government or the State Government.
• In FORMS II, III, V, VI, VII: “Registrar of Copyright” and “copyright office” is omitted and “Copyright Board” is substituted with “Appellate Board”.
• In FORM XIV, clerical rectification, substituting Copyright Rules, 2012 with Copyright Rules 2013.
• Second Schedule, 9(b), literary is omitted and the word “services” has been added after “goods”.
• Second Schedule, 10(b), literary is omitted and the word “services” has been added after “goods”.
• Second Schedule, 19 has been omitted.

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